When you register your business, you’ll need to choose a business name and register it with the state. But the name you choose for registration may not be the one you want to operate under in South Carolina. If this is the case, you’re free to choose an assumed or fictitious name as long as it’s not currently used by another company. In other states, this is referred to as “doing business as” or a DBA.
DBA South Carolina at a glance
- South Carolina does not have a general statewide DBA registration requirement for most domestic business entities, including sole proprietors, LLCs, and corporations.
- Limited partnerships are the one exception: they must file an assumed name certificate with the South Carolina Secretary of State under S.C. Code § 33-42-45, with a $10 filing fee.
- Foreign entities operating under a name other than their legal name may need to register a fictitious or assumed name with the Secretary of State before doing business.
- Most South Carolina businesses that want to operate under a trade name handle it at the local level through a county or city business license.
- A DBA does not create a new legal entity, does not provide liability protection, and does not affect how your business is taxed.
- Registering a DBA name does not give you trademark rights. A separate federal or state trademark registration is required for that protection.
What is a DBA in South Carolina?
A DBA, or "doing business as," is any name a business uses publicly that differs from its legal registered name. It is also called a trade name, assumed name, or fictitious business name. In South Carolina, most businesses face no general statewide filing requirement to use one. What you need to do depends entirely on your business structure.
Does South Carolina require a DBA filing?
For most businesses, including sole proprietors, general partnerships, LLCs, and corporations, the answer is no. The South Carolina Secretary of State's Office does not register DBA or trade names for these entity types. Instead, you handle it at the local level through your county or city business license.
Two specific entity types are the exception: limited partnerships and certain foreign entities.
The limited partnership exception (S.C. Code § 33-42-45)
Under S.C. Code § 33-42-45, a limited partnership that conducts or intends to conduct business in South Carolina under a name other than the name shown in its certificate of limited partnership must file an assumed name certificate with the Secretary of State.
The filing fee is $10. The certificate expires on December 31 of the fifth full calendar year following the year it is filed.
Skipping this filing doesn't void your contracts or prevent you from defending actions in court, but it puts your business out of compliance. Correcting it later means paying to file a new certificate rather than a simple update.
Foreign entities operating under a fictitious name
A foreign entity is any business formed outside South Carolina that wants to operate within the state. Before it can legally transact business here, it must obtain a Certificate of Authority from the South Carolina Secretary of State.
The DBA question comes up when its legal name conflicts with a name already on file in South Carolina. Foreign LLCs use the form under S.C. Code § 33-44-1005; foreign corporations follow a parallel form under a separate statutory provision. The fictitious name becomes the entity's public identity in South Carolina while the legal name stays on record to preserve the link to its home-state charter.
If your foreign entity's legal name is already available in South Carolina, no fictitious name filing is required.
DBA requirements by business type: A complete breakdown
| Entity type | Filing required? | Where to file | Form / process | Fee | Renewal |
|---|---|---|---|---|---|
| Sole proprietor | No state filing | County or city office | List trade name on local business license application | Varies by jurisdiction | Typically annual |
| General partnership | No state filing | County or city office | List trade name on local business license application | Varies by jurisdiction | Typically annual |
| Limited partnership | Yes — state filing required | SC Secretary of State | Assumed Name Certificate (S.C. Code § 33-42-45) | $10 | Every 5 years |
| LLC (domestic) | No state filing | County or city office | List trade name on local business license application | Varies by jurisdiction | Typically annual |
| Corporation (domestic) | No state filing | County or city office | List trade name on local business license application | Varies by jurisdiction | Typically annual |
| Nonprofit | No state filing | County or city office (if applicable) | List trade name on local business license application | Varies by jurisdiction | Typically annual |
| Foreign entity | Yes — if legal name unavailable in SC | SC Secretary of State | Fictitious name form filed with Certificate of Authority application | Confirm current fee with SC Secretary of State | Per filing terms |
Three things to note. Limited partnerships are the only domestic entity type that routes through the state. "No state filing required" does not mean no process at all. For sole proprietors, LLCs, corporations, and general partnerships, operating under a trade name means listing it on your local business license application. Foreign entities should confirm current fees and form requirements directly with the SC Secretary of State.
How to file a DBA in South Carolina: Step-by-step by entity type
Filing procedures in South Carolina vary based on your specific business structure. Whether you need to file with the Secretary of State or simply provide details on your local business license application depends on your entity type and whether you are a domestic or foreign business. Follow the guidelines below to identify the correct steps for your situation.
If you're a limited partnership
- Search business name availability. Use the SC Secretary of State's online business name search to confirm your intended trade name isn't already in use or confusingly similar to an existing registered entity.
- Download the assumed name certificate form. Available from businessfilings.sc.gov under the limited partnership section.
- Complete and submit the form with the $10 filing fee. File by mail or through the Secretary of State's online business filings portal.
- Record your expiration date. The certificate runs through December 31 of the fifth full calendar year after filing.
If you're a foreign entity
- Check whether your legal name is available in South Carolina. Run a search through the SC Secretary of State's business name database. If your name is available, proceed directly to your Certificate of Authority application. No fictitious name filing is required.
- If your name is unavailable, download the correct fictitious name form. Foreign LLCs use the form under S.C. Code § 33-44-1005; foreign corporations follow a parallel form. Both are available at businessfilings.sc.gov.
- Submit the fictitious name form alongside your Certificate of Authority application. Confirm the current fee directly with the Secretary of State before submitting.
If you're a sole proprietor, LLC, corporation, or general partnership
There is no statewide DBA filing for these entity types. You operate under a trade name by listing it on your local business license application. No state form, no Secretary of State filing, no separate certificate.
Where to file: Local business licenses and county/city offices
For sole proprietors, LLCs, corporations, and general partnerships, the local business license is where the trade name process happens. No state agency collects trade name registrations for these entity types.
When you apply for a local business license, you include your trade name on the application. The issued license will display both your legal business name and your trade name—creating an official local record that matters when opening a business bank account or signing contracts.
South Carolina does not have a statewide business license, and not all counties and municipalities require one. If your business operates across multiple jurisdictions, check with each one separately.
The most practical starting point is scbos.sc.gov. Use the Local Business License Renewal Center to look up your address and determine which county and municipality to contact.
A few concrete examples:
- Charleston County: Contact the Charleston County Business License Division through charleston-sc.gov.
- City of Columbia: Contact the City of Columbia Business License Office through columbiascbiz.net.
- Horry County / City of Myrtle Beach: Businesses in Myrtle Beach need both a Horry County Annual Business License and a City of Myrtle Beach Business License.
- Richland County: Estimates five to ten business days for processing.
One additional documentation option. The IRS allows you to list a trade name separately from your legal business name when applying for or updating an employer identification number. This is useful if you want the name reflected in your federal tax records.
Because your trade name is a component of your local business license, it renews whenever you renew your license. No separate renewal deadline to track.
South Carolina DBA costs, renewal, and processing times
| Filing type | Who it applies to | Fee | Where you pay |
|---|---|---|---|
| Assumed Name Certificate (S.C. Code § 33-42-45) | Limited partnerships (domestic and foreign) | $10 | SC Secretary of State |
| Fictitious name (§ 33-44-1005) | Foreign LLCs whose legal name is unavailable in SC | $2 | SC Secretary of State |
| Fictitious name (§ 33-31-1506) | Foreign corporations whose legal name is unavailable in SC | Confirm with SC Secretary of State* | SC Secretary of State |
| Local business license (includes trade name) | Sole proprietors, general partnerships, LLCs, corporations, nonprofits | Varies — see below | County or city licensing office |
| State trademark registration | Any business seeking name protection in SC | Confirm current fee with SC Secretary of State | SC Secretary of State |
| Federal trademark registration (USPTO) | Any business seeking name protection nationwide | $250–$350 per class of goods/services | USPTO |
*Confirm the current amount directly with the SC Secretary of State before submitting.
What local business licenses actually cost
Local business license fees vary by location and gross revenue. Most South Carolina municipal licenses are calculated on gross revenue rather than a flat rate.
- City of Charleston: $64 base fee, plus $3.90 per additional $1,000 of expected income.
- City of Columbia: $0.25 per $1,000 of gross receipts, with a $75 minimum and $10,000 maximum.
Because your trade name is listed on your business license rather than filed separately, you don't pay an additional DBA fee on top of your license fee.
Renewal timelines
Understanding the renewal process ensures that your trade name remains active and compliant, avoiding potential penalties or interruptions to your business operations.
- Limited partnerships: You can extend the assumed name certificate for additional consecutive five-year periods by filing a new certificate no earlier than 90 days before the current period expires. The Secretary of State notifies you by first-class mail no later than three months before expiration. Record the expiration date yourself when you file rather than relying on that notice.
- Sole proprietors, LLCs, corporations, and general partnerships: Your trade name renews when your local business license renews—typically annually. Missing a renewal deadline puts your entire business license at risk; late renewal typically triggers a 25% penalty plus a $75 minimum fee.
Processing times
How quickly your filing or application is processed depends on the type of business and whether you file online or by mail.
- Limited partnership assumed name certificate: Online filings are typically processed within a few business days. Mail submissions take longer—plan for two to three weeks.
- Local business licenses: Approval typically takes 7–10 business days. If you're on a deadline, contact the specific licensing office directly before you submit.
How to check DBA name availability and follow South Carolina naming rules
Before finalizing your trade name, ensure it complies with South Carolina's specific naming standards. Following these guidelines helps prevent conflicts with existing registered businesses and potential trademark issues.
1. Search the SC Secretary of State's business name database.
Your trade name cannot conflict with a registered South Carolina business name. Run a Business Name Search on the Secretary of State's website. For limited partnerships specifically, South Carolina law prohibits a DBA that is "deceptively similar" to the name of any other limited partnership conducting business in South Carolina or any reserved business name. You can also use LegalZoom’s free business name search tool to see if your preferred name is available for use.
2. Check South Carolina's trademarks and service marks database.
A business can hold a registered state trademark on a name even without a separate legal entity. Search South Carolina's online database to confirm your intended trade name isn't already protected at the state level. A conflict here could expose you to an infringement claim even if the name clears the entity search.
3. Run a federal trademark search.
Use the Trademark Electronic Search System (TESS). A name can be clear at the state level and still conflict with an existing federal trademark.
4. Review the prohibited terms.
A fictitious or assumed business name cannot contain words that could be confused with a governmental agency (such as FBI, Treasury, or State Department), or business suffixes like LLC, Corp, or Incorporated unless they reflect your actual structure. South Carolina also prohibits using banking-related words in a DBA unless the underlying company is a bank.
5. Confirm local availability.
The Secretary of State's database captures registered entities but won't show whether another business in your county is already operating under the same trade name locally. Contact the clerk of the town, city, or county where you plan to get a business license before you commit.
One important limitation: A DBA does not provide name protection. Other businesses may generally use the same assumed name unless you register a trademark. If protecting your brand matters, a state or federal trademark registration is the right path.
DBA vs. LLC vs. trademark in South Carolina
A DBA provides identification but not protection. An LLC and a trademark each address one of those gaps, in completely different ways.
| DBA / Trade name | LLC | Trademark | |
|---|---|---|---|
| What it is | A name your business operates under publicly, not a legal entity | A formal legal business structure created under state law | Intellectual property protection for a brand name, logo, or slogan used in commerce |
| Creates a new legal entity? | No | Yes | No |
| Liability protection | None | Yes — LLC owners are generally not personally liable for business debts or judgments | None |
| Changes how you're taxed? | No | Yes — a single-member LLC is a disregarded entity by default | No |
| Name exclusivity | None — other businesses may generally use the same assumed name | Your LLC's legal name is reserved in South Carolina, but only within the state | A federal trademark grants exclusive nationwide rights in connection with registered goods or services |
| Cost | $0–$10 state filing (LP only); local business license fee for all others | State filing fee + registered agent costs | $250–$350 per class of goods or services (USPTO); state trademark available through SC Secretary of State |
| Best for | Operating under a brand name that differs from your legal name | Separating personal assets from business liability | Protecting a brand name or logo from use by competitors |
An LLC limits personal liability; a trademark protects a brand name from competitors; a DBA does neither. Many businesses benefit from more than one. If personal liability is the concern, form an LLC. If brand protection is the priority, register a trademark.
Can I add a DBA to my existing South Carolina LLC?
Yes. Your LLC's legal name stays exactly as it is. There’s no amendment to the South Carolina Secretary of State is required. You operate under the trade name by listing it on your local business license application or renewal. For a broader look at how this works across states, see How to Add a DBA to an LLC.
For example: if your LLC is registered as "Smith Holdings LLC" but you want to market a landscaping service under "Palmetto Lawn Co.," list "Palmetto Lawn Co." as your trade name when applying for or renewing your county or city business license. The issued license will reflect both names.
A few practical points:
- One LLC, multiple trade names. If you run several brands under a single LLC, you can typically list multiple trade names on your business license. Confirm with your local licensing office.
- Each location, each license. If you operate in more than one county or city, you need a business license—with your trade name listed—in each jurisdiction.
- Only the public-facing name changes. Operating under a trade name doesn't alter how your LLC is taxed or how it protects your personal assets.
South Carolina DBA FAQs
How do I obtain a DBA in South Carolina?
Most businesses—sole proprietors, LLCs, corporations, and general partnerships—obtain a DBA by listing their trade name on a local county or city business license application. No state filing is required. Limited partnerships must file an assumed name certificate with the SC Secretary of State ($10 fee). Foreign entities whose legal name is unavailable in South Carolina must file a fictitious name form alongside their Certificate of Authority application.
How much does a DBA cost in SC?
Limited partnerships pay $10 to the SC Secretary of State. Foreign LLCs pay $2; foreign corporations should confirm the current fee with the Secretary of State. For sole proprietors, LLCs, corporations, and general partnerships, there is no state DBA fee—only your local business license fee, which varies by jurisdiction and is typically calculated on gross revenue.
Is a DBA or LLC better?
They serve different purposes. A DBA lets you operate under a chosen name but provides no liability protection. An LLC generally shields your personal assets from business debts. If your only goal is a public-facing brand name, a DBA is sufficient. If protecting personal assets matters, form an LLC. You can have both.
What happens if I operate under an unregistered DBA name in South Carolina?
Limited partnerships and foreign entities that skip required state filings are out of compliance. A limited partnership cannot amend later—it must file a new assumed name certificate. A foreign entity may face complications with its Certificate of Authority and its ability to legally transact business in the state. Failure does not void existing contracts or bar the entity from defending court actions, but the compliance exposure is real. For sole proprietors, LLCs, and corporations, there is no statewide DBA registration to miss—the relevant risk is operating without a local business license.
Does a South Carolina DBA expire?
For limited partnerships, yes: the assumed name certificate expires on December 31 of the fifth full calendar year after filing. For sole proprietors, LLCs, corporations, and general partnerships, the trade name stays current as long as you renew your local business license, typically annually.
Can a sole proprietor open a business bank account using a DBA name in South Carolina?
Yes, but banks require documentation. Since South Carolina issues no statewide DBA certificate for sole proprietors, your local business license listing the trade name is typically what you bring to the bank. Requirements vary by institution—confirm before you apply.
Is a South Carolina DBA the same as a trade name or fictitious business name?
Yes. These terms are interchangeable. The SC Secretary of State uses "assumed name" for limited partnership filings and "fictitious name" for foreign entity filings, but both refer to the same concept: any name a business uses publicly that differs from its legal registered name.
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